August 2010
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Failure to File Compulsory Counterclaim Dooms U.S. EPA’s Cost-Recovery Action
In what may be the first case of its kind in the United States, a District Court in California has dismissed U.S. EPA’s cost recovery claims with respect to a Superfund Site due to the failure of the Department of Defense (“DoD”) to assert counterclaims in a prior litigation matter relating to the same general… Continue reading
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July 2010 Update: Climate Change
By Gabrielle Sigel, Jennifer L. Cassel, and Rachel C. Loftspring Gabrielle Sigel, Jennifer L. Cassel, and Rachel C. Loftspring, attorneys in Jenner & Block's Environmental, Energy & Natural Resources Law Practice and Litigation Department, recently posted to Jenner & Block's Climate Change Update Resource Center their July 2010 Update of Climate Change developments. Of note… Continue reading
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Carbon Disclosure Project’s 2010 Water Disclosure
The Carbon Disclosure Project (CDP) has issued its first water-related information request to 302 of the world’s largest companies in sectors that are water intensive or face particular water risks. Continue reading
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EPA Proposes Modifications to TSCA’s Inventory Update Reporting Rule
On August 11, 2010, the U.S. EPA announced that it was publishing in the Federal Register proposed modifications to the Toxic Substance Control Act’s “Inventory Update Reporting” rule. See, U.S. EPA’s Press Release. TSCA’s IUR rule, promulgated under TSCA’s Section 8(a), authorizes the Agency to require manufacturers and importers of chemicals to submit to the… Continue reading
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North America Commission For Environmental Cooperation
Meeting in Guanajuato, Mexico this week, the Commission for Environmental Cooperation agreed upon its environmental priorities for North America including: Continue reading
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CERCLA Plaintiff’s Failure to Establish Past Costs Liability Precluded Declaratory Judgment as to Future Costs Liability
In a case of first impression, the Ninth Circuit ruled on August 2, 2010, that a plaintiff’s failure to establish defendants’ liability for plaintiff’s past costs, because they were not incurred consistent with the National Contingency Plan, “necessarily dooms” its attempt to obtain a declaratory judgment as to liability for future costs. City of Colton… Continue reading
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New Nanotechnology Development Guidance
The Massachusetts Office of Technical Assistance (“OTA”) has recently posted its Guidance Document “Nanotechnology – Considerations for Safe Development.” Continue reading
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EPA Proposes To Extend SPCC Compliance Date
On August 3, 2010, EPA published notice proposing to extend the compliance date for certain facilities subject to the Spill Prevention Control and Countermeasures (SPCC) rule. The proposed SPCC rule amendment extends the compliance date in Section 112.3 by one year by which the owners or operators of certain SPCC regulated facilities must prepare or… Continue reading